Legal Opinion

Woodville v. Pizatti

Mississippi Supreme Court

Decided October 15, 1918PublishedCited by 7 opinions

Appeal from the circuit court of Harrison county. HoN. J- H. Neville, Jndge. Suit by Mrs. Prances Pizatti against Mrs. John Alonzo Woodville. Prom judgment for plaintiff, defendant appeals. ■ • The facts are fully stated in the opinion of the court. I submit that the words spoken are not slanderous at all, much less slanderous per se. The appellant contends that the words alleged were not spoken at all.

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Appeal from the circuit court of Harrison county. HoN. J- H. Neville, Jndge. Suit by Mrs. Prances Pizatti against Mrs. John Alonzo Woodville. Prom judgment for plaintiff, defendant appeals. ■ • The facts are fully stated in the opinion of the court. I submit that the words spoken are not slanderous at all, much less slanderous per se. The appellant contends that the words alleged were not spoken at all. No damages were shown in this case and there can he no recovery for punitive damages where the spoken words are not slanderous per se, I contend, and will cite an abundance of authority in…

1Opinion of the Court

Smith, C.. J.,

delivered the opinion of the court.

This is an action for slander, in which there was a judgment for three thousand dollars for the plaintiff. One of the assignments of error is the refusal of the court below to grant the defendant a peremptory instruction.

There is a variance between the words alleged in the declaration to have been spoken by the defendant and those testified to by the plaintiff’s witnesses, which variance is claimed by the defendant to be material, even though the words as they appear from the testimony should be held to be slanderous, but upon which we *90will…

2Cited by7 opinions

  1. Speed v. ScottMississippi Supreme Court · 2001
  2. Kroger Grocery & Baking Co. v. HarpoleMississippi Supreme Court · 1936
  3. Baugh v. BaughMississippi Supreme Court · 1987
  4. Heralds of Liberty v. RankinMississippi Supreme Court · 1922
  5. Morehead v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1939

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